§ 8.01-537.Petition for attachment; costs, fees and taxes.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 2015 · Last verified July 16, 2026
In one sentenceAn attachment starts with a sworn petition, filed with a clerk or magistrate in the proper venue, that describes the property or debt claimed, states a sum certain, alleges specific facts supporting one of the § 8.01-534 grounds, and the plaintiff must pay the required costs, fees, and taxes up front or the attachment will not issue.
A.Every attachment shall be commenced by a petition filed before a clerk of a circuit or general district court of, or magistrate serving, the county or city in which venue is given by subdivision 11 of § 8.01-261. If it is sought to recover specific personal property, the petition shall state (i) the kind, quantity, and estimated fair market value thereof, (ii) the character of estate therein claimed by the plaintiff, (iii) the plaintiff's claim with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof and (iv) what sum, if any, the plaintiff claims an entitlement to recover for its detention. If it is sought to recover a debt or damages for a
breach of contract, express or implied, or damages for a wrong, the petition shall set forth (i) the plaintiff's claim with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof, (ii) a sum certain which, at the least, the plaintiff is entitled to, or ought to recover, and (iii) if based on a contract and if the claim is for a debt not then due and payable, at what time or times the same will become due and payable. The petition shall also allege the existence of one or more of the grounds mentioned in § 8.01-534, and shall set forth specific facts in support of the allegation. The petition shall ask for an attachment against the specific personal property mentioned in the petition, or against the estate, real and personal, of one or more of the principal defendants, or against the estate, real and personal, of one or more of the principal defendants, or against both the specific personal property and the estate of such defendants, real or personal. The petition shall state whether the officer is requested to take possession of the attached tangible personal property. The petition shall be sworn to by the plaintiff or the plaintiff's agent, or some other person cognizant of the facts therein stated.
B.The plaintiff praying for an attachment shall, at the time the petition is filed, pay to the magistrate or clerk of the court to which the return is made the proper costs, fees and taxes, and in the event the plaintiff fails to do so, the attachment shall not be issued.
Plain-English Summary
Every Virginia attachment begins with a petition, and this section spells out where to file it and what it must say. Venue tracks the special attachment rule in subdivision 11 of § 8.01-261, and the petition can be filed with a clerk of the circuit or general district court, or with a magistrate, serving that locality.
What the petition has to allege depends on what the plaintiff is after. Going after specific personal property means describing its kind, quantity, and estimated fair market value, stating what interest the plaintiff claims in it, laying out the claim with enough certainty to give the defendant real notice, and specifying any sum claimed for the property’s detention. Going after a debt, contract damages, or tort damages means stating the claim with the same certainty, naming a sum certain the plaintiff is at least entitled to, and, if it is a contract debt not yet due, saying when it will become due. Either way, the petition must also allege one of the grounds in § 8.01-534 and back that allegation with specific facts, not conclusions.
None of this is free. The plaintiff has to pay the required costs, fees, and taxes when he files, and if he does not, the clerk or magistrate will not issue the attachment at all.
Frequently Asked Questions
Where must the petition for attachment be filed?
Before a clerk of a circuit or general district court, or magistrate serving, the county or city in which venue is given by subdivision 11 of § 8.01-261.
What must a petition seeking specific personal property state?
The kind, quantity, and estimated fair market value of the property, the character of estate claimed by the plaintiff, the claim stated with certainty for reasonable notice, and any sum claimed for its detention.
What must a petition for a debt or contract-damages claim include?
The claim stated with certainty, a sum certain which, at the least, the plaintiff is entitled to, and, if based on a contract debt not then due, when it will become due and payable.
Does the petition have to allege specific facts supporting the attachment, rather than just conclusions?
Yes; it must allege the existence of a ground under § 8.01-534 and set forth specific facts in support of that allegation.
What happens if the plaintiff does not pay the required costs, fees, and taxes when filing?
The attachment shall not be issued.
Amendment History
Code 1950, §§ 8-524, 8-528; 1954, cc. 333, 622; 1973, c. 545; 1977, c. 617; 1978, c. 418; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691; 2015, c. 639.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as:petition for attachment virginia requirementsattachment costs fees virginiasum certain attachment petition virginiavirginia attachment venue 8.01-261